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FILED
oum

R ESMERALDA
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MONTEREY
MONTEREY COURTHOUSE
11 RICHARDS J. HEUER, III, an individual,
12 Petitioner,
13 v.
14 CLAUDIO VALENZUELA, Registrar of Voters,
County of Monterey, California, in his official
15 capacity only; and DOES 1-5,
16 Respondents.
17 BEVERLY BEAN, an individual; RONALD T.
COHEN, an individual; RICHARD STILL WELL,
18 an individual; PRISCILLA HELM WALTON, an
individual; ALAN HAFF A, an individual, and
19 DOES 6 - 20, inclusive,
20 Real Parties in Interest.
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RICHARDS J. HEUER, III, an individual,
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Petitioner,
V.
CLAUDIO VALENZUELA, Registrar of Voters,
County of Monterey, California, in his official
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capacity only; and DOES 1 - 5,
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Respondents.
Case No. M 127 186 (Ballot Argument)
[Assigned for all purposes to the Hon. Thomas W.
Wills - Dept. 14]
[PROPOSED] JUDGMENT
ELECTION MA ITER
IMMEDIATE ACTION REQUESTED
Date: April3, 2014
Time: 9:00 a.m.
Dept: 14
Case No. M 127 244 (Ballot Label)
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MONTEREY PENINSULA WATER
MANAGEMENT DISTRICT, a California water
district; DAVID J. STOLDT, an individual sued
herein only in his official capacity as the General
Manager of the Monterey Peninsula Water
Management District; RONALD COHEN, an
individual; GEORGE RILEY, an individual;
DOUGLAS WILHELM, an individual; HARVEY
1
BILLING, an individual. and DOES 6- 20, .
inclusive,
Real Parties in Interest.
7 RICHARDS J. HEUER, III, an individual, Case No. M 127 272 (Rebuttal)
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Petitioner,
V.
CLAUDIO VALENZUELA, Registrar of Voters,
County of Monterey, California, in his official
capacity only; and DOES 1 5,
Respondents.
MIBS MCCARTHY, an individual; ALVIN
EDWARDS, an individual; GEORGE RILEY, an
individual; MARC DEL PIERO, an individual;
15
NANCY SELFRIDGE, an individual, and DOES
6 - 20, inclusive,
16
17 This action came on regularly for hearing on April 3, 2014 in Department 14 of the
18 above-entitled Court, the Honorable Thomas W. Wills, judge presiding.
19 Anthony Lombardo & Associates, APC, Anthony Lombardo, Esq., Reed & Davidson,
20 LLP, and Stuart L. Leviton, Esq., appeared on behalf of petitioner Richards J. Heuer, III, in all three
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matters.
Kathryn Reimann, Esq., Senior Deputy County Counsel, appeared on behalf of
respondent Claudio Valenzuela in all three matters.
The Sutton Law Firm, PC, and Bradley W. Hertz, Esq., appeared on behalf of real party
in interest Richard Stillwell in Case No. M 127 186, real party in interest George Riley in Case No. M
127 244, and real party in interest Mibs McCarthy in Case No. 127 272.
DeLay & Laredo and David C. Laredo, Esq., appeared on behalf real party in interest
Monterey Peninsula Water Management District in Case No. M 127 244.

1 Real party in interest Marc Del Piero appeared in pro per in Case No. M 127 272.
2 There were no other appearances.
3 The Court, having carefully read and considered the entire record in this matter,
4 including any testimony offered at the writ hearing, having considered the argument of counsel, and
5 having exercised its independent judgment in the weighing of the entire record in this matter,
6 HEREBY ORDERS, ADJUDGES, AND DECREES as follows:
7 L The Petition for Writ of Mandate in Case No. M 127 186 is GRANTED. The
8 Registrar is ordered to make the changes and/or deletions to the Ballot Argument set forth in
9 the peremptory writ of mandate issued this date;
10 2. The First Amended Petition for Writ ofMandate in Case No. M 127 244 is
11 GRANTED. The Registrar is ordered to make the changes to the Ballot Label set forth in the
12 peremptory -writ of mandate issued this date;
13 3. The Petition for Writ of Mandate in Case No. M 127 272 is GRANTED. The
14 Registrar is ordered to make the changes and/or deletions to the Rebuttal as set forth in the
15 peremptory writ of mandate issued this date;
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Dated Y ( 7/
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L/
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Ju of the Superior Court
THOMAS W. WiltS
Approved as to Form and Content:
ANTHONY LOMBARDO & ASSOCIATES, APC
Anthony Lombardo
REED & DAVIDSON, LLP
Stuart L. Leviton
Daniel K. Abramson
25 ~ ~ 1 7 - -'
26 By: __ ~ ~ ~ ~ ~ ~ ~ = = ~ ~
LLCVitOil
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Attorneys for Petitioner (All Matters)
RICHARDS J. HEUER, III
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MONTEREY COUNfY COUNSEL
Kathryn Reimann
/
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By: /:5J,_.[,_1 l.s:!.A...-rfA .... 41--)- /
3 Katliryn Reimann
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Attorneys for Respondent (All Matters)
CLAUDIO VALENZUELA
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THE SUTION LAW FIRM, PC
Bradley W. Hertz
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James R. Sutton
: By: lA
Bradley W. Hertz
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Attorneys for Real Party in Interest (Case No. M 127 186)
RICHARD STILL WELL
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Attorneys for Real Party in Interest (Case No. M 127 244)
12 GEORGE RILEY
13 Attorneys for Real Party in Interest (Case No. 127 272)
MIBS MCCARTIIY
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15 DELAY &LAREDO
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David C. Laredo
Heidi A. Quinn
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Alex J. Lorca
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19 By:-----------------
David C. Laredo
20 Attorneys for Real Party in Interest (Case No. M 127 244)
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
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MONTEREY COUNTY COUNSEL
Kathryn Reimann
By:
..
Kathryn Reimann
Attorneys for Respondent (All Matters)
4 CLAUDIO VALENZUELA
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THE SUTTON LAW FIRM, PC
6 Bradley W. Hertz
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James R. Sutton
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By:
9 -------
Bradley W. Hertz
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AHorneys for Real Party in Interest (Case No. M 1
RICHARD STILLWELL
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186)
Attorneys for Real Party in Interest (Case No. M 127 244)
12 GEORGE RILEY
13 Attorneys for Real Party in Interest (Case No. 127 272)
MIBS MCCARTHY
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DELAY & LAREDO
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David C. Laredo
Heidi A. Quinn
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Alex J. Lorca -\
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19 By:

20 Att Tn for Real Party in Interest (Case No. M 127 244)
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MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
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FILED
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APR 0 3 201\
P. ESMERALDA
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MONTEREY
MONTEREY COURTHOUSE
11 RICHARDS J. HEUER, III, an individual,
12 Petitioner,
13
v.
14 CLAUDIO VALENZUELA, Registrar of Voters,
County of Monterey, California, in his official
15 capacity only; and DOES 1 -5,
16
Respondents.
17
BEVERIJY BEAN, an individual; RONALD T.
18 COHEN, an individual; RICHARD STILLWELL,
an individual; PRISCILLA HELM WALTON, an
19 individual; ALAN HAFF A, an individual, and
DOES 6- 20, inclusive,
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21
Real Parties in Interest.
22 RICHARDS J. HEUER, III, an individual,
23
Petitioner,
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v.
25 CLAUDIO VALENZUELA, Registrar ofVoters,
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County of Monterey, California, in his official
capacity only; and DOES 1 - 5,
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Respondents.
Case No. M 127 186 (Ballot Argument)
[Assigned for all purposes to the Hon. Thomas W.
Wills - Dept. 14]
r;;r/
{ ~ J O N T PEREMPTORY WRIT
OF MANDATE
[CAL. ELEC. CODE 9380, 13314]
ELECTION MATTER
IMMEDIATE ACTION REQUESTED
Date: April 3, 2014
Time: 9:00 a.m.
Dept: 14
Case No. M 127 244 (Ballot Label)
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MONTEREY PENINSULA WATER
MANAGEMENT DISTRICT, a California water
district; DAVID J. STOLDT, an individual sued
herein only in his official capacity as the General
Manager of the Monterey Peninsula Water
Management District; RONALD COHEN, an
individual; GEORGE RILEY, an individual;
DOUGLAS WILHELM, an individual; HARVEY
BILLING, an individual. and DOES 6- 20,
inclusive,
Real Parties in Interest.
RICHARDS J. HEUER, III, an individual, Case No. M 127 272 (Rebuttal)
8 Petitioner,
9
V.
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CLAUDIO VALENZUELA, Registrar of Voters,
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County of Monterey, California, in his official
capacity only; and DOES 1 5,
12
I
Respondents.
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MIBS MCCARTHY, an individual; ALVIN
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EDWARDS, an individual; GEORGE RILEY, an
individual; MARC DEL PIERO, an individual;
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NANCY SELFRIDGE, an individual, and DOES
6- 20, inclusive,
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Real Parties in Interest.
17 The Court issues the following Joint Peremptory Writ of Mandate to Respondent in
18 these three above-captioned matters:
19 TO RESPONDENT CLAUDIO VALENZUELA:
20 For good cause showing, MR. VALENZUELA IS HEREBY COMMANDED as
21 follows:
1. With respect to the Ballot Argument that was at issue in Case No. M 127 186,
23 the following changes and/or deletions are ordered as indicated in the strike out or underlined portions
24 set forth herein:
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b. "YES means keeping the investments on the Peninsula and owning,-flffi
renting, the assets of our water system."
d. "By eliminating profit, and qualifYing for lower cost municipal bonds,
studyies shoW that public ownership in California delivers water 820% cheaper."
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e. "Measure 0 vtould could bring additional jobs to the Peninsula."
f. "Cal-Am, a California corporation which is a wholly-owned subsidiary
of a private New Jersey company takes more than half of its revenues out of our
community."
g. "Ov:sr 20% of the money you pay goes to profit."
h. "YES means an immediate savings as public agencies operate without
profit."
J. "Cal-Am admits states its rates should increase bv 41% by the end of
20 18will TRIPLE over six years ;.vith no accountability to you."
1. "Investor-owned utilities (lOU's) like Cal-Am are beholden to their
remote shareholders, not to local ratepayers."
n. "Under the current system, we take all the risk while distant shareholders
reap al-1-theany reward."
0. "Public O\\>nership assures promises long term supply reliability and
controlled costs."
p. "In fact, the only success to date in developing new water sources has
come from the local Monterey Peninsula Water Management District."
2. With respect to the ballot label that was at issue in Case No. M 127 244, the
20 entirety of the ballot label proposed by real parties in interest Monterey Peninsula Water Management
21 District and David J. Stoldt shall be stricken and in its place shall be the following ballot label for
22 Measure 0:
23 "Shall the ordinance, Measure 0, which directs the Monterey Peninsula Water
24 Management District to adopt a policy to move toward public ownership of all water
25 systems within its boundaries by conducting a feasibility study, and if deemed feasible,
26 move forward with acquisition of all such water systems' assets, be adopted?"
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3. With respect to the Rebuttal that was at issue in Case No. M 127 272, the
2 following changes and/or deletions are ordered as indicated in the strike out or underlined
3 portions set forth herein:
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h.
J.
"That's why over 50% part of your water payment leaves the community."
"Cal-Am treats water like a commodity to enrich distant shareholders-ami
6 corporate executives in Ne'>>t' Jersey."
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k.
"Measure 0 means future decisions about our water supply and service
8 will be made locally and out in the open, not in a private boardroom in New Jersey."
9 l.
"Cal-Am testified states its rates should increase by 41% will triple by the
10 end of 2018."
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IT IS SO ORDERED.
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/y/JL/'
Dated _ '/
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---1-, --1-r---
Approved as to Form and Content:
Jud e f the Superior Court
THOMAS W. WILLS
ANTI-IONY LOMBARDO & ASSOCIATES, APC
18 Anthony Lombardo
19 REED & DAVIDSON, LLP
Stuart L. Leviton
20 Daniel K. ~ c u m
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By:
~ ~ ~ ~ 7 ~ =
Stuart L. Leviton
Attorneys for Petitioner (All Matters)
RICHARDS J. HEUER, III
MONTEREY COUNTY COUNSEL
Kathryn Reimann
By:
Kathryn Reimann
Attorneys for Respondent (All Matters)
CLAUDIO VALENZUELA
1 With respect to the Rebuttal that was at issue in Case No. M 127 272, the
2 following changes and/or deletions are ordered as indicated in the strike out or underlined
3 portions set forth herein:
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5
h.
J.
"That's why over of your water payment leaves the community."
"'Cal-Am treats water like a commodity to enrich distant shareholders-afld
6 corporate executhres in New Jersey."
7 k. "Measure 0 means future decisions about our water supply and service
8 will be made locally and out in the open, not in a priv-ate boardroom in Ntn'<' Jersey."
9 L .. Cal-Am testified states its rates should increase by 41% vnll triple by the
10 end of201&."
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Dated
IT IS SO ORDERED. 12
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Approved as to Form and Content:
Judge of the Superior Court
ANTHONY LOMBARDO & ASSOCIATES, APC
18 Anthony Lombardo
19 REED & DAVIDSON, LLP
Stuart L. Leviton
20 Daniel K. Abramson
21
22 By:
___________ __
23 Attorneys for Petitioner (All Matters)
24
RICHARDS J. HEUER, III
MONTEREY COUNTY COUNSEL
25 Kathryn Reimann
i
/)
26 f / . . /
By: /({1 ...{-:; 1\r;L.c.--?;,l-c;J.Y .. - /--
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27 Kathryn Reiffiann
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Attorneys for Respondent (All Matters)
CLAUDIO VALENZUELA
[PROPOSED] JOINT PEREMPTORY WRIT OF MANDATE
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THE SUTTON LAW FIRM, PC
Bradley W. Hertz
2 James R. Sutton
3
4 By:1)/lo.6 W. ~ d
Bradley W. Hertz
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Attorneys for Real Party in Interest (Case No. M 127 186)
6
RICHARD STILL WELL
7 Attorneys for Real Party in Interest (Case No. M 127 244)
GEORGE RILEY
8
Attorneys for Real Party in Interest (Case No. 127 272)
9 MIBS MCCARTHY
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11
DELAY & LAREDO
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David C. Laredo
Heidi A. Quinn
13
Alex J. Lorca
14
15 By:-----,--------------
David C. Laredo
16 Attorneys for Real Party in Interest (Case No. M 127 244)
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
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THE SUTTON LAW FIRM. PC
Bradley W. Hertz
2 James R. Sutton
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4 I By:----:-:----------
Bradley W. Hertz
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I' Attorneys for Real Party in Interest (Case No. M 127 186)
6 I RICHARD STILL WELL
7 I Attorneys for Real Party in Interest (Case No. M 127 244)
GEORGE RILEY
8
Attorneys for Rea[ Party in Interest (Case No. 127 272)
9 MIBS MCCARTHY
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1 1
12
DELAY & LAREDO
David C. Laredo
Heidi A. Quinn
13
Alex J. Lorca
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15

By:
. a Laredo
16 Attorneys for Real Party in Interest (Case No. M 127 244)
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
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[PROPOSED] JOINT PEREMPTORY WRIT OF MANDATE
5
MEASUREO
Montere . Penin$ula Water Management District
ARGUMENT IN FAVOR OF MEASURE 0
Vote YES on Measure 0 for lower rates and local ownership. YES means keeping the investments on the Peninsula and owning, not
renting, the assets of our water system.
Local public ownership means lower rates for water. By eliminating profit, and qualifying for lower cost municipal bonds, studies show
that public ownership delivers water 25% cheaper.
Measure 0 would bring additional jobs to the Peninsula. Cal-Am, a private New Jersey company takes more than half of its revenues out
of our community. Over 20% of the money you pay goes to profit.
YES means an immediate savings as public agencies operate without profit. The savings will boost our local economy. Cal-Am admits
its rates will TRIPLE over six years with no accountability to you. Under Measure 0, rates would be set locally.
Local, public ownership of water is common since water is a public resource. 85% of Americans get their water from public agencies
where all decisions are local.
Investor-owned utilities (lOU's} like Cal-Am are beholden to their remote shareholders, not to local ratepayers. Thars why Cal-Am was
able to waste over $35 million in failed efforts to find new water and pass those increases off to you. Since 2003 Cal-Am has failed three
times to produce new water. Under the current system, we take all the risk while distant shareholders reap all the reward.
Public ownership assures long term supply reliability and controlled costs. In fact, the only success to date in developing new water
sources has come from the local Monterey Peninsula Water Management District
Background citations available at www.PublicWaterNow.org
We pay for our water, we should own the system that delivers it. It's common sense.
The League of Women Voters of Monterey County endorses Measure 0.
Vote YES on Measure 0.
lsi Beverly Bean, President, League of Women Voters of Monterey County lsi Ronald T. Cohen, Managing Director, Public Water Now
lsi Richard Stillwell, Local Business Owner /s/ Priscilla Helm Walton, Past President, Democratic Women of Monterey County
/s/ Alan Haffa, MPC Professor
REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE 0
BALLOT MEASURE INFORMATION HAS BEEN PRINTED "AS SUBMITTED" AND PROOFED BY THE PUBLIC AGENCY SUBMITTING THE
MEASURE PRIOR TO PRINTING
''.1."- A